| 49 | 43 | | |
|---|
| 50 | 44 | | |
|---|
| 51 | 45 | | |
|---|
| 52 | 46 | | |
|---|
| 53 | 47 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
|---|
| 54 | 48 | | SECTION 1. AMENDATORY 2 O.S. 2021, Section 16 -26, is |
|---|
| 55 | 49 | | amended to read as follows: |
|---|
| 56 | 50 | | Section 16-26. A. 1. It is unlawful for any person to set |
|---|
| 57 | 51 | | fire to any forest, grass, range, crop, or other wil dlands, or to |
|---|
| 58 | 52 | | build a campfire or bonfire, or to burn trash or other material that |
|---|
| 59 | 53 | | may cause a forest, grass, range, crop or other wildlands f ire in |
|---|
| 60 | 54 | | any county, counties or area within a county where, because of |
|---|
| 61 | 55 | | emergency drought conditions, there is guber natorially proclaimed |
|---|
| 62 | 56 | | extraordinary danger from fire, unless the setting of any backfire |
|---|
| 63 | 57 | | during the drought emergency is necessary to afford p rotection as |
|---|
| 64 | 58 | | determined by a representative of the Division of Forestry, or |
|---|
| 93 | 86 | | necessary for the pu rpose of saving life or property. The burden of |
|---|
| 94 | 87 | | proving the necessity shall rest on the perso n claiming a defense. |
|---|
| 95 | 88 | | 2. The Division of Forestry shall advise the Governor when the |
|---|
| 96 | 89 | | lands described in paragraph 1 of this subsection in any county, |
|---|
| 97 | 90 | | counties or area within a county of this state because of emergency |
|---|
| 98 | 91 | | drought conditions are in extraordina ry danger from fire. The |
|---|
| 99 | 92 | | Governor may by proclamation declare a drought emergency to exist |
|---|
| 100 | 93 | | and describe the gener al boundaries of the area affected. |
|---|
| 101 | 94 | | 3. Any proclamation promulgated by the Governor under authority |
|---|
| 102 | 95 | | of this subsection shall be effective imm ediately upon the |
|---|
| 103 | 96 | | Governor's signed approval of the emergency proclamation and shall |
|---|
| 104 | 97 | | supersede any resolution pass ed by a board of county commissioners |
|---|
| 105 | 98 | | pursuant to subsection B of this section. Notice of the |
|---|
| 106 | 99 | | proclamation shall occur through posting on the Oklahoma Department |
|---|
| 107 | 100 | | of Agriculture, Food, and Forestry 's website and informing local |
|---|
| 108 | 101 | | news media. Evidence of pub lication or posting as herein provided |
|---|
| 109 | 102 | | shall be maintained by the Forestry Division. |
|---|
| 110 | 103 | | 4. When conditions warrant, due notice of the terminatio n of |
|---|
| 111 | 104 | | the emergency shall be promptly made by proclamation, which shall be |
|---|
| 112 | 105 | | published or posted in like manner as wh en officially declared. |
|---|
| 113 | 106 | | 5. Any person who viola tes this subsection is guilty of a |
|---|
| 114 | 107 | | misdemeanor punishable by a fine of not more than One Thous and |
|---|
| 144 | 136 | | B. 1. It is unlawful for any p erson to set fire to any forest, |
|---|
| 145 | 137 | | grass, range, crop or other wildlands, or to build a campfire or |
|---|
| 146 | 138 | | bonfire, or to burn trash or other material that may cause a forest, |
|---|
| 147 | 139 | | grass, range, crop or other wildlands fire in any county of this |
|---|
| 148 | 140 | | state in which the board of county commissioners of the county has |
|---|
| 149 | 141 | | passed a resolution declaring a period of extreme fire danger. As |
|---|
| 150 | 142 | | used in this subsection, "extreme fire danger" means: |
|---|
| 151 | 143 | | a. all three out of four of the following conditions are |
|---|
| 152 | 144 | | present: |
|---|
| 153 | 145 | | (1) severe, extreme, or ex ceptional drought |
|---|
| 154 | 146 | | conditions exist as determined by the Na tional |
|---|
| 155 | 147 | | Oceanic and Atmospheric Administration (NOAA) |
|---|
| 156 | 148 | | pursuant to its criteria, |
|---|
| 157 | 149 | | (2) no more than one-half (1/2) inch of precipitation |
|---|
| 158 | 150 | | is forecast for the next three (3) days, and |
|---|
| 159 | 151 | | (3) either of the following: |
|---|
| 160 | 152 | | (a) fire occurrence is significantly greater |
|---|
| 161 | 153 | | than normal for the season and/or initial |
|---|
| 162 | 154 | | attack on a significant number of wildland |
|---|
| 163 | 155 | | fires has been unsuccessful due to extreme |
|---|
| 164 | 156 | | fire behavior, or |
|---|
| 195 | 186 | | controlled burning, or a portion of the |
|---|
| 196 | 187 | | county has a Keetch-Bryam Drought Index |
|---|
| 197 | 188 | | (KBDI) rating of 600 or higher, and |
|---|
| 198 | 189 | | b. |
|---|
| 199 | 190 | | (4) temperatures for any day over the next three (3) |
|---|
| 200 | 191 | | days are forecasted at or over one hundred (100) |
|---|
| 201 | 192 | | degrees Fahrenheit. |
|---|
| 202 | 193 | | 2. A majority of the board of county commissioners may call an |
|---|
| 203 | 194 | | emergency meeting at any time to pass or revoke a resolution |
|---|
| 204 | 195 | | declaring a period of extreme fire danger in accordance w ith this |
|---|
| 205 | 196 | | section. |
|---|
| 206 | 197 | | 3. A board of county commissioners shall have may pass a |
|---|
| 207 | 198 | | resolution declaring a period of extreme fi re danger in the county |
|---|
| 208 | 199 | | either with the documented concurrence of a majority of the chiefs, |
|---|
| 209 | 200 | | or their designees, of the municipal and cert ified rural fire |
|---|
| 210 | 201 | | departments located in the county that a period of extrem e fire |
|---|
| 211 | 202 | | danger exists prior to passage of a resolution declaring a period of |
|---|
| 212 | 203 | | extreme fire danger in the county or when the Keetch-Bryam Drought |
|---|
| 213 | 204 | | Index (KBDI) is 600 or higher, which indicates extreme fire danger. |
|---|
| 214 | 205 | | The resolution shall be effective for a peri od not to exceed |
|---|
| 215 | 206 | | fourteen (14) days from the date of passage by the board of county |
|---|
| 246 | 236 | | commissioners in the same manner as provided in this p aragraph. The |
|---|
| 247 | 237 | | board of county commissioners, in the resolution, may grant |
|---|
| 248 | 238 | | exceptions to the fire prohib ition based on appropriate |
|---|
| 249 | 239 | | precautionary measures. |
|---|
| 250 | 240 | | 4. Agricultural producers burning cropland, rang eland, forests |
|---|
| 251 | 241 | | or pastures as a preferred method of managing their property shall |
|---|
| 252 | 242 | | be exempt from any resolution passed by a board of county |
|---|
| 253 | 243 | | commissioners that declares a period of extreme fire danger so long |
|---|
| 254 | 244 | | as the agricultural producers have complied with the following |
|---|
| 255 | 245 | | procedures: |
|---|
| 256 | 246 | | a. submit a written presc ribed burn plan to the local |
|---|
| 257 | 247 | | fire department and, if within a protection area, the |
|---|
| 258 | 248 | | local office or local representative of the Forestry |
|---|
| 259 | 249 | | Division of the Oklahoma Department of Agriculture, |
|---|
| 260 | 250 | | Food, and Forestry nearest the land to be burned that |
|---|
| 261 | 251 | | shall include the following information: |
|---|
| 262 | 252 | | (1) the name and telephone number of the agricultural |
|---|
| 263 | 253 | | producer conducting the burn, |
|---|
| 264 | 254 | | (2) the address and legal description of the area to |
|---|
| 265 | 255 | | be burned, |
|---|
| 266 | 256 | | (3) the objective and purpose of the burn, |
|---|
| 297 | 286 | | (5) a list of adjoining landowners required to be |
|---|
| 298 | 287 | | notified pursuant to Sectio n 16-28.2 of this |
|---|
| 299 | 288 | | title, |
|---|
| 300 | 289 | | (6) a description of any firebreaks used to define |
|---|
| 301 | 290 | | the boundary of the prescribed burn, |
|---|
| 302 | 291 | | (7) a statement of prescribed weather conditions, |
|---|
| 303 | 292 | | (8) a description of any s moke-management |
|---|
| 304 | 293 | | considerations, and |
|---|
| 305 | 294 | | (9) an ignition plan for the bu rn, |
|---|
| 306 | 295 | | b. keep a copy of the written prescribed burn plan |
|---|
| 307 | 296 | | provided for in subparagraph a of this paragraph on |
|---|
| 308 | 297 | | site when conducting the prescribed burn, |
|---|
| 309 | 298 | | c. notify the county sheriff and the dis patch center of |
|---|
| 310 | 299 | | the local fire department prior to conducting the |
|---|
| 311 | 300 | | prescribed burn, and |
|---|
| 312 | 301 | | d. comply with the notification procedures outlined in |
|---|
| 313 | 302 | | Section 16-28.2 of this title. |
|---|
| 314 | 303 | | 5. The prescribed burn plan provided for in paragraph 4 of this |
|---|
| 315 | 304 | | subsection shall be deemed approved seventy-two (72) hours after |
|---|
| 316 | 305 | | submission to the lo cal fire department; provided, th at the local |
|---|
| 346 | 334 | | 6. The prescribed burn plan provided for in paragraph 4 of this |
|---|
| 347 | 335 | | subsection shall not include campfires, househo ld trash, debris or |
|---|
| 348 | 336 | | pile burning. |
|---|
| 349 | 337 | | 7. Nothing in paragraph 4 of this subsection shall supersede |
|---|
| 350 | 338 | | requirements set by a proclamation promulgated by the Governor under |
|---|
| 351 | 339 | | authority of this sectio n, interfere with the authority of the |
|---|
| 352 | 340 | | Oklahoma Department of Agric ulture, Food, and Forestry to enf orce |
|---|
| 353 | 341 | | burning laws or change the burner 's liability as prescribed by law. |
|---|
| 354 | 342 | | 8. Any resolution passed by a board of county commissioners |
|---|
| 355 | 343 | | under authority of thi s subsection shall be effective immediately |
|---|
| 356 | 344 | | upon passage of the res olution. Notice of the resolutio n shall be |
|---|
| 357 | 345 | | submitted to the Forestry Division of the Oklahoma Department of |
|---|
| 358 | 346 | | Agriculture, Food, and Forestry, all local news media, local law |
|---|
| 359 | 347 | | enforcement officials, and the state headquarters of the Department |
|---|
| 360 | 348 | | of Public Safety, the Oklahoma Tourism and Recr eation Department and |
|---|
| 361 | 349 | | the Department of Wildlife Con servation on the day of passage of the |
|---|
| 362 | 350 | | resolution. Evidence of publication or posting as provided in th is |
|---|
| 363 | 351 | | paragraph shall be maintained by the county. |
|---|
| 364 | 352 | | 9. The provisions of this subsection may be enforce d by any law |
|---|
| 365 | 353 | | enforcement officer of this state. |
|---|
| 366 | 354 | | 10. Any person convicted of violating the provisions of this |
|---|
| 367 | 355 | | subsection shall be guilty of a misdemeanor an d shall be subject to |
|---|
| 396 | 383 | | imprisonment for not more than one (1) year, or to both such fine |
|---|
| 397 | 384 | | and imprisonment. |
|---|
| 398 | 385 | | 11. The selling of fireworks shall not be considered an act in |
|---|
| 399 | 386 | | violation of this subsectio n. |
|---|
| 400 | 387 | | SECTION 2. It being immediately necessary for t he preservation |
|---|
| 401 | 388 | | of the public peace, health or safety, an emergency is hereby |
|---|
| 402 | 389 | | declared to exist, by reason whereof this act shall take effect and |
|---|
| 403 | 390 | | be in full force from and after its passage and approval. |
|---|